ST. LOUIS — The Missouri Department of Revenue suddenly made it harder to change gender markers on state IDs.
The move happened weeks ago, but the department never publicly announced it.
This week, PROMO, an LGBTQ+ public policy and advocacy organization, launched a campaign for trans and nonbinary people to report issues in changing genders on ID's.
"It clearly targets trans and nonbinary people," said Robert Fischer, PROMO'S Director of Communications. "A state agency is supposed to serve the people and in this instance, they failed to do that."
June Choate, the Executive Director for Metro Trans Umbrella Group added, "To see that get taken away, it's been a huge shock for everybody."
This is after the Missouri Department of Revenue quietly removed a form, Form 5532, from its website on Aug. 7. The form was created in 2016.
In 2016, both Missouri’s Department of Motor Vehicles and Department of Revenue scored an “F” among national human rights and LGBTQ+ advocacy organizations for the state’s process in legally changing a person’s gender marker.
According to PROMO that same year, the Department of Revenue and PROMO staff worked hand-in-hand to update the process for gender marker changes.
This resulted in the creation of Form 5532, which allowed a doctor to determine someone's self-identified gender, rather than a judge.
Form 5532 is a document the organization Metro Trans Umbrella Group shared often to its community.
"It used to be that you could fill the form with information and talk to a medical provider or therapist through transgender care and they can sign off that you have been living the gender you were living as," Choate said.
Choate said some community members have reached out and said they're in despair.
A spokesperson for the Department of Revenue shared this statement:
"Form 5532 is no longer needed. Customers are required to provide either medical documentation that they have undergone gender reassignment surgery, or a court order declaring gender designation to obtain a driver license or nondriver ID card denoting gender other than their biological gender assigned at birth."
Fischer voiced concerns about asking a judge, with no medical background, to determine someone's gender.
Fischer also worries about the proof of surgery.
"Most trans and non binary people never get it because they don't feel the need to," Fischer added.
Fischer explained the lack of notice was alarming.
Choate worries too.
"Without any legislation being put forth, without our legal process going forth, that’s concerning," Choate said. "It's an overt abuse of power in my opinion."
Advocates believe this stemmed from protests at the Lifetime Fitness in Ellisville on Aug. 2.
This was over a trans woman, with an ID describing her as female, using the women's locker room.
Missouri's Republican attorney general launched an investigation and Representative Justin Sparks held a news conference outside of the private gym.
In a Facebook live, Sparks said he reached out to the Department of Revenue.
"We have assurances of the Department of Revenue they are going to change their policy and their form," Sparks said in the live video.
Five days later, the form was removed without notice or a news release.
However, Sparks told 5 On Your Side, he worries the move may be an overreach and these decisions should be rolled out by legislators.
He believes the change was tied to the Ellisville situation. Sparks claimed his press conference was to get the word out.
"I think they were trying to right a wrong that was originally made years ago," Sparks said, "which is it should never have been the purview of the Department of Revenue to change a form or change policy, and I think they they were trying to rectify that, I think, in good faith.
"When it comes to those private intimate spaces, I think that's where I'm drawing the line," he continued. "I don't know about the rest of the State of Missouri. That's what we'll decide in the legislative session. But why? Why did the Department of Revenue do this in in silence? Quietly rolled out. Government should be fully transparent. If something as significant as gender and a policy is going to be changed, or written or pushed out, the people should know."
5 On Your Side asked the Department of Revenue if they can make these changes without notice.
The department did not respond.
PROMO is hoping to meet the Department of Revenue director to have further conversation.
A spokesperson for the ACLU of Missouri shared this statement:
"The Missouri Department of Revenue's unexpected and abrupt change to the process to modify gender markers on state IDs is arbitrary and infringes upon Missourians' right to privacy. Trans Missourians have every right to live and exist with the same level of dignity as every other Missourian. Rather than finding ways to make a trip to the DMV more efficient for everyone, politicians have fabricated more systematic barriers that are aimed at disrupting services for Trans Missourians. The ACLU of Missouri will continue to protect and expand rights for trans Missourians."